Indemnity and Assumption of Risk. The Contractor shall save, hold harmless, defend, and indemnify the Concessionaire and the City and their subcontractors, representatives, employees, and agents for all losses, damages or judgments, and expenses, including attorneys fees and costs, on account of bodily injury, death, property damage, fire or other peril, or claims for bodily injury, death, or property damage of any nature whatsoever, and by whomsoever made, arising, out of the activities of the Contractor and its Employees under this Permit. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that the City, or the Concessionaire as the City’s agent, may otherwise enjoy, including, but not limited to, the governmental immunities, limitations, and protections provided by C.R.S. Section 00-00-000 et seq.
Indemnity and Assumption of Risk. Rancher shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including attorneys fees and costs, on account of fire or other peril, bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of Rancher, agents, guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shall it be interpreted as diminishing or other- wise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limita- tions and protections provided by C.R.S. Section 00-00-000 et seq.
Indemnity and Assumption of Risk. The Ranch shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including attorneys fees and costs, on account of fire or other peril, bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of The Ranch, its employees, subcontractors or agents and Ranch’s guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 00-00-000 et seq.
Indemnity and Assumption of Risk. Xxxxxxxxx and Contractor shall each save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including attorneys fees and costs, on account of fire or other peril, bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of Contractor in performing the Work. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 00-00-000 et seq.
Indemnity and Assumption of Risk. Company acknowledges that there is an inherent risk to its employees, agents, representatives and contractors by traveling to the Company’s property during the winter months because of the high risk of avalanche danger and other adverse weather related conditions. Company specifically assumes all of such risks and shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including reasonable attorney's fees and costs, on account of bodily injury, death, lack of public or private access including recreational access or otherwise, or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of Company, its employees, subcontractors or agents and Company’s guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 00-00-000, et seq. This provision shall terminate with regards to the obligations of the Receiver, upon the discharge of the Receiver in the above-referenced action, but shall continue in binding force for Ouray Silver Mines, Inc., including any assignee or successor-in-interest for Ouray Silver Mines, Inc.
Indemnity and Assumption of Risk. Company acknowledges that there is an inherent risk to its employees, agents, representatives and contractors by traveling to the Company's property during the winter months because of the high risk of avalanche danger and other adverse weather r e l a t e d c onditions. Company specifically assumes all of such risks and shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including reasonable attorney’s fees and costs, on account of b o d i l y injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of Company, its employees, subcontractors or agents and Company's guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 00-00-000 et seq.
Indemnity and Assumption of Risk. Company acknowledges that there is an inherent risk to its employees, agents, representatives and contractors by traveling to the Company's property during the winter months because of the high risk of avalanche danger and other adverse weather-related conditions. The Company specifically assumes all of such risks and shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including reasonable attorney’s fees and costs, on account of bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of Company, its employees, subcontractors or agents and Company's guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 00-00-000 et seq.
Indemnity and Assumption of Risk. The function of indemnity provisions in a commercial lease is properly to allocate responsibility for defending and pay- ing third-party claims for bodily injury or property damage arising from occurrences in the premises or on the property of which the premises are a part. This is about insurance, not fault and blame or right and wrong. An invitee of the tenant who is injured while visiting the premises will likely sue both the landlord and the tenant, alleging that the negligence of one or both caused the injury. It does not make economic sense for the landlord and the tenant each separately to defend their interests, nor does it serve either party to have their insurers wrangling over who must defend the claim. The in- demnity provisions in the lease express the parties’ effort to allocate between themselves—and their insurers— responsibility for defending and satisfying third-party (including employees, agents, etc. of the landlord and the tenant) bodily injury and property damage claims resulting from the use and occupancy of the premises. The goal of each party should be to provide effective insurance protection for the benefit of both, with no gaps and minimal overlaps in cover- age, at the lowest overall cost. Many, indeed most, indemnity clauses are drafted entirely too broadly, requiring the indemnifying party (usually the tenant) to indemnify and hold harmless the other against and from any and all costs, claims, expenses, and so forth of any nature whatsoever that may arise not only from occurrences in or about the premises, but also from any failure of the tenant to perform its obligations under the lease, to comply with legal requirements, and so on. Taken literally, such a broad indemnity would supplant the default provisions of the lease, eliminating the tenant’s notice and cure rights in the process. Therefore, the tenant should insist that the indemnity be limited to indemnity against third-party personal or bodily injury or property damage claims, i.e., the types of claims covered by the tenant’s liability insurance. The same limitation should apply to any indemnity given by the landlord. Landlords usually resist giving indemnities to tenants. They will attempt to justify this position by arguing that the land- lord, as the property owner, already has direct liability for the third-party claims that would be covered by the indemnity or that the landlord is not conducting active business operations at the property that could result in thi...
Indemnity and Assumption of Risk. Company acknowledges that there is an inherent risk to its employees, agents, representatives and contractors by traveling to the Company Property adverse weather-related and other conditions. The Company specifically assumes all of such risks and shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including reasonable attorney’s fees and costs, on account of bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of Company, its employees, subcontractors or agents and Company's guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 24-10- 101 et seq.
Indemnity and Assumption of Risk. Lawaczeck specifically assumes all of such risks and shall save, hold harmless, defend and indemnify the County, its public officials, employees, agents, representatives, and contractors for losses, damages or judgments and expenses, including reasonable attorney’s fees and costs, on account of bodily injury, death or property damage of any nature whatsoever, and by whomsoever made, arising, in whole or in part, out of the activities of Lawaczeck, contractors or agents and Lawaczeck's guests and invitees, under the terms of this Agreement. Nothing stated herein is intended to nor shall it be interpreted as diminishing or otherwise affecting any statutory or common law protection or immunity that Ouray County may otherwise enjoy, including, but not limited to, the governmental immunities, limitations and protections provided by C.R.S. Section 00-00-000 et seq.
